Ex Parte Nakamura et al - Page 4



          Appeal No. 2005-1458                                                        
          Application No. 09/732,799                                 Page 4           

               Tsuji is concerned with the good heat conduction properties            
          of diamond that has lower amounts of carbon-13 than occurs in               
          naturally formed diamond.  Tsuji provides a method of                       
          synthesizing single diamond crystals using a carbon source                  
          containing at least 99.9 atomic percent carbon-12.  Tsuji teaches           
          that the carbon source is graphitized to enhance the                        
          crystallinity of the carbon prior to synthesizing single diamond            
          crystals as a product via a temperature difference method.  Tsuji           
          informs one of ordinary skill in the art that the synthetic                 
          diamond made should be free from metallic inclusions and                    
          irregular shaped crystals and that a further improvement can be             
          realized if nitrogen impurity is eliminated.  See, e.g., column             
          3, line 2-21 and column 4, line 39 through column 5, line 4 of              
          Tsuji.                                                                      
               The examiner acknowledges that Tsuji does not disclose                 
          adding boron into the carbonaceous material or flux (metal                  
          solvent) used in forming a synthetic diamond by the method                  
          disclosed therein so as to form a boron-doped diamond, as                   
          required in appellants’ appealed method claims.  See answer, page           
          3.                                                                          
               Anthony (column 1, lines 11 and 12) teaches that using a               
          chemical vapor deposition (CVD) synthetic diamond forming method            





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